RE: UNIFORM PROCEDURES FOR FORFEITURES OF PERSONAL PROPERTY

The Florida Supreme Court has set forth certain procedural requirements in the application of Florida's Contraband and Forfeiture Act, See, Florida Department of Law Enforcement v. Real Property, Etc., 588 So.2d 957 (Fla. 1991), Section 932.701, Florida Statutes (1995), et. seq., and

In order to implement said procedures in a uniform manner within the courts of Pinellas County, and

In order to ensure consistency amongst the several agencies which avail themselves of the provisions of the Contraband Forfeiture Act, and

In order to accommodate statutory changes passed by the Florida Legislature, Chapter 95 265, Laws of Florida, and

In order to implement one Order setting out uniform procedures and forms, it is

ORDERED:

A. Court Proceedings
1) The Criminal Administrative Judge is hereby designated as a Circuit Court Judge of the Civil Division for all civil forfeiture cases in accordance with Section 932.704(2), Florida Statutes, of the Florida Contraband Forfeiture Act.

2) Forfeiture proceedings are civil proceedings. As such, court reporters shall not be provided at county expense. The seizing agency and complainant(s) are responsible for securing the services of and paying the cost of court reporting services.

B. Notice of Seizure and Adversarial Preliminary Hearings
1) All law enforcement agencies within Pinellas County shall utilize the Notice of Seizure in substantially the same format as Attachment One of this Order.

2) The seizing agency shall complete a Notice(s) of Seizure containing the name and address of the persons who may have an interest in the property and who are known to the agency and file the same with the civil division of the Clerk of the Circuit Court.

3) The Clerk of the Circuit Court shall assign a forfeiture number to said Notice of Seizure and maintain a file of said notice and any additional notices.

C. Complaint for Forfeiture and Probable Cause Affidavit
1) All counsel representing law enforcement agencies seeking forfeiture in Pinellas County shall utilize a Complaint for Forfeiture and Probable Cause Affidavit in substantially the same format as Attachment Two of this Order.

2) Upon presentation of the complaint, affidavit and payment of the appropriate filing fee to the Clerk of the Circuit Court, the Clerk shall file said complaint and affidavit in the same forfeiture file as the Notice of Seizure referenced in Section B above. The filing of the complaint and affidavit shall cause the opening of a circuit civil proceeding which shall be treated in all regards in like manner.

D. Finding of Probable Cause and Order to Answer
1) All counsel representing law enforcement agencies seeking forfeiture in Pinellas County shall utilize a Finding of Probable Cause and Order to Answer in substantially the same format as Attachment Three of this Order.

2) Upon complying with the notice requirements of Section 932.704, Florida Statutes, counsel for the seizing agency may apply for a finding of probable cause and order to answer. The finding of probable cause and order to answer may be applied for ex parte, without the necessity of a hearing before the Court.

3) Nothing in this Order shall affect actions for forfeiture of real property.

Administrative Orders 91-210 and 92-138 are hereby rescinded.

DONE AND ORDERED in chambers at Clearwater, Pinellas County, Florida, this 21st day of July, 1995.

/s/Susan F. Schaeffer
Susan F. Schaeffer, Chief Judge


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